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2021.04.02 Motion for Terminating Sanctions 836
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.04.02
Excerpt: ... judgment against Truong by way of default. The court finds Truong has willfully failed to comply with the court's discovery order of 10/16/20. Willfulness in this context means a “conscious or intentional failure to act, as distinguished from accidental or involuntary noncompliance. ... ” (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 787-788 (Deyo), superseded by statute on another point as stated in Guzman v. General Motors (1984) 154 Cal.Ap...
2021.03.26 Demurrer 723
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.03.26
Excerpt: ...0 Cal.App.3d 868, 881.) The court declines to consider Plaintiff's declaration. The allegations against these demurring defendants based upon vicarious liability continue to be inadequately alleged. The facts necessary to allege conspiracy, aiding and abetting, and alter ego liability are absent from the 2 ndAC. As for agency, the 2 ndAC alleges in a conclusory fashion that each of the Defendants was acting as the agent for the other Defendants a...
2021.03.26 Special Motions to Strike 118
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.03.26
Excerpt: ...cks foundation); Nos. 21, 23, 32 (lacks foundation, speculative); No. 24 (improper legal conclusion); Nos. 28, 31 (lacks foundation, improper legal conclusion); No. 29 (speculative); and Nos. 35-194 (lacks foundation, lacks authentication). Defendants' remaining evidentiary objections are overruled. Defendants have met their initial burden of showing that the challenged causes of action arise from protected activity. (Navellier v. Sletten (2002) ...
2021.03.19 Motion to Quash Service of Summons and Complaint 754
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.03.19
Excerpt: ...ysis because he was no longer a resident of California as of January 2008, and this action arises out of conduct occurring no sooner than 2017-2018, and more likely beginning in 2019. (See, e.g. Compl. ¶¶ 10, 13-18, 33, 36 [PN did not launch the subject products until 2017; BM did not exist until 2018; and Beauty Molecules failed/refused to pay for products delivered in fall 2019, and that “since then,” defendants have engaged in the miscon...
2021.03.12 Motions to be Relieved of Default 623
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.03.12
Excerpt: ...efault. CCP § 473(b); People v The North River Ins. Co. (2011) 200 CA4th 712, 721. This 6-month time limit is jurisdictional. Notwithstanding the above, the court may employ its power of equity to set aside a default if the motion is made more than six months after entry of default. Under traditional “equitable set-aside” law, a judgment is subject to set-aside on “equitable” grounds where the complaining party can demonstrate he or she ...
2021.03.12 Motion for Summary Judgment, Adjudication 837
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.03.12
Excerpt: ...e of a single issue of triable fact will require that the motion be denied. Second Cause of Action. Defendants' motion attempts to affirmatively negate the element of breach for the Second Cause of Action. Thus, to negate the allegations of the Third Amended Complaint (“3rdAC”), Defendants each will have to establish that they did not: (i) disrupt CBIZ's business; (ii) soliciting CBIZ's existing and prospective clients on behalf of a competit...
2021.03.05 Motion to Compel Deposition of PMK 932
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.03.05
Excerpt: ...tion notice, without objection, at the time of deposition, as moving party has shown good cause for production. (CCP 2025.450(b)(1).) The burden is on the deponent to justify objections. (Weil & Brown, Rutter Group, Civil Procedure Before Trial, Chapter 8E-15, Section 8:814-8:816, citing San Diego Professional Assoc. v. Superior Court (1962) 58 Cal.2d 194, 199.) Here, while RP's objection (MP Ex. 2) asserted various objections, the only objection...
2021.03.05 Motion for Summary Judgment, Adjudication 777
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.03.05
Excerpt: ...or PDLL “is separate and distinct from the right to take a leave of absence as a form of reasonable accommodation under Government Code section 12940.” (Cal. Code Regs., tit. 2, § 11047; see id., § 11046(a); 29 C.F.R. § 825.702(a).) “Under the FEHA, a disabled employee is entitled to a reasonable accommodation—which may include leave of no statutorily fixed duration—provided that such accommodation does not impose an undue hardship o...
2021.03.05 Demurrers 118
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.03.05
Excerpt: ...as a remedy, in connection with another, valid cause of action. Plaintiff's requests for judicial notice are not considered, as they are irrelevant to the instant motions. (Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 295.) Moving parties to give notice 3 - 4. Defendants Wells Fargo, Ocwen, and PHH's demurrers to the plaintiff's first amended complaint. Demurrers sustained in part, with leave to amend, and overruled in part, as s...
2021.03.05 Demurrer 542
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.03.05
Excerpt: ...e Before Trial, Section 7:85, citing Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) First, failure to properly “label” a C/A does not render a complaint uncertain, so long as the pleading contains enough facts to apprise defendant of the issues it is being asked to meet. (Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139, FN 2.) Second, the claims alleged are set forth in the caption, and the parties bring...
2021.02.26 OSC Re Preliminary Injunction 500
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.02.26
Excerpt: ...ct (9th Cir., 2016) 823 F.3d 1011.) On the merits of Plaintiffs/Petitioners' claims, they have failed to show a likelihood of success on the merits. (See Fleishman v. Superior Court (2002) 102 Cal.App.4th 350.) Plaintiffs'/Petitioners' arguments are based upon a claim that the requirement that successful bidders for a City of Anaheim project agree to be bound by its Community Workforce Agreement violates the Privileges and Immunities Clause of th...
2021.02.26 Motion for Attorney Fees 308
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.02.26
Excerpt: ...ares v. Braemar Country Club, Inc. (1999) 29 Cal.4th 1019]. The pendency of an appeal does not divest the court of jurisdiction to determine ancillary or collateral matters which do not affect the judgment on appeal. (See Silver v. Gold (1989) 211 Cal.App.3d 17, 26; Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4 th 180, 191). This includes setting the amount of attorney's fees already awarded in the Judgment. The court finds that, given ...
2021.02.19 Demurrer 681
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.02.19
Excerpt: ...n any protected class. (Guz v. Bechtel National, Inc. (2000) 24 Cal.4 th 317, 355 [elements]; Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 604 [FEHA claims, like all statutory claims, must be pled with specificity]; FAC at Paras. 98 and 109 [alleging discriminatory motive as conclusion only, without supporting facts].) Further, the seventh and eighth causes of action fail as to the individual defendants, as individual employe...
2021.02.19 Motion to Stay Action 215
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.02.19
Excerpt: ...ecause of the nature of the subject matter, the availability of witnesses, or the stage to which the proceedings in the other court have already advanced.” (See Farmland Irr. Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215.) Defendant's only supporting evidence is its request for judicial notice. Turning to the Farmland criteria: 1. Multiple litigation designed solely to harass an adverse party. Defendant presents zero evidence as to this criteria....
2021.02.19 Motion to Compel Arbitration 563
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.02.19
Excerpt: ...l. at Ex. A [arbitration agreement].) The arbitration agreement also complies with Code of Civil Procedure section 1295, subdivision (a) (section 1295(a)). Contrary to plaintiff's assertions, the disputed “message of arbitration” is not a part of any contract, either for medical services or arbitration. The only contract before the court begins where the subject document states, in bold, capital letters: “PSYCHOLOGIST–PATIENT ARBITRATION ...
2021.02.19 Motion to Disqualify Attorneys 027
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.02.19
Excerpt: ...y in a case that involves the interplay of many documents and several witnesses.” Liberty National, supra at 847. Here, after litigating this case for over 2.5 years, Moving Party urges the court to disqualify plaintiff's counsel on the eve of trial. It seems a difficult task to obtain new counsel and get that counsel up to speed and prepare for trial in just 2.5 months. This situation is more extreme than in Liberty National where the court de...
2021.02.05 Motions to Compel Further Responses 749
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.02.05
Excerpt: ...tions are untimely. Plaintiffs served their responses to the remaining subject form interrogatories via email on 8/4/20, and it is these responses that remain at issue in these motions. (See ROA No. 102– Balladares Decl. ¶ 3, Ex. B; ROA No. 81–Balladares Decl. ¶ 3, Ex. B; see also ROA Nos. 103, 82 [separate statements regarding form interrogatories].) Plaintiffs' responses to these interrogatories consisted of multiple objections and, witho...
2021.02.05 Motion to Quash Service of Summons 003
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.02.05
Excerpt: ...ary value in determining personal jurisdiction. (See Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710.) Plaintiff's complaint is unverified and therefore is not evidence to establish jurisdictional facts. Plaintiff fails to present any evidence to support general jurisdiction over Defendant. Even if a nonresident defendant's “contacts” with California are not sufficient for general jurisdiction, the defendant may still be subject to ju...
2021.02.05 Motion for Summary Judgment, Adjudication 074
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.02.05
Excerpt: ...able issues of fact as to UMF #2, 4, 5, 6, 7, 14, 18, 21, 22, 23, 25, 28 and 29. Defendants claim plaintiff loses this case because he cannot prove the underlying claim for personal injuries. Defendants claim the alleged underinflated helmet was not the cause of his concussion and resulting difficulties and therefore the fact defendants failed to file a governmental claim within the period of limitations is of no consequence. Defendants argue the...
2021.01.29 Petition to Confirm Arbitration 835
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.01.29
Excerpt: ...on as to when the arbitration award was served. [See 12-18-20 minute order (ROA No. 489).] MPs were ordered to do so by 1-22-21. (Id.) It appears that MPs attempted to do so on 12-24-20, but this filing was rejected by the clerk. (ROA No. 490.) However, on 1-20-21, respondents' counsel served a declaration in opposition to the instant Petition. (ROA No. 492.) That declaration admits that the award was served on or about 12-8-18. (Id. at Para. 3.)...
2021.01.29 Motions to Compel Further Responses 148
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.01.29
Excerpt: ...23, 24-33. Demand for production of documents: 4, 5. Plaintiff complains that the verifications served with the original August 5 responses are inadequate as they were “pre-dated” July 10, 2020. Plaintiff implies the verifications were signed before the responses were prepared. Therefore, plaintiff contends, the verifications were not really verifications for purposes of a motion to compel further response. Defendant contends they were signed...
2021.01.22 Motion to Quash Service of Summons 765
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.01.22
Excerpt: ...34 S.Ct. 1115, 1122); see also David L. v. Sup.Ct. (Mariana C.) (2018) 29 CA5th 359, 371-372, 240 CR3d 462, 473 (citing Walden with approval and noting plaintiff may not be only link between defendant and forum) Plaintiff contends defendants are subject to special jurisdiction because Kaiser and Sun personally flew to California to communicate with AKT Franchise decision makers. Plaintiff contends “For months following the California meeting, S...
2021.01.22 Motion for Summary Judgment, Adjudication 685
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.01.22
Excerpt: ...due to the existence of triable issues of fact. (CCP 437c(p)(2).) As to the first cause of action for failure to engage in the interactive process, and second cause of action for failure to accommodate, there are triable issues of fact as to: (1) whether PetVet was aware of plaintiff's need for accommodation; (2) whether Briggs and/or Proud were aware that plaintiff was disabled, and/or considered her disabled; and (3) whether plaintiff's transfe...
2021.01.22 Motion for Attorney Fees 308
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.01.22
Excerpt: ...fect the judgment on appeal. (See Silver v. Gold (1989) 211 Cal.App.3d 17, 26; Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4 th 180, 191). This includes setting the amount of attorney's fees already awarded in the Judgment. The court finds that, given the specific factual allegations of Plaintiff's complaint, each cause of action constituted an action “…under the Lease.” (See Compl. Exh. A, ¶ 46). Plaintiffs' Complaint alleged ca...
2021.01.22 Demurrer 088
Location: Orange County
Judge: Moss, Robert
Hearing Date: 2021.01.22
Excerpt: ...The allegations are inadequate as to the remaining Defendants. The Demurrer to the Second Cause of Action is SUSTAINED with leave to amend on the basis that the complaint fails to allege that Defendants owed Plaintiff a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise. The Demurrer to the Third Cause of Action is SUSTAINED with leave to amend on the basis that the complaint fails to ...

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